(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 560–Committee on Government Affairs

 

March 26, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises certain provisions regarding peace officers. (BDR 23‑1461)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to law enforcement; providing that certain field agents and inspectors of the state department of agriculture are category II peace officers; providing that the peace officers’ standards and training commission may enter into certain interlocal agreements with Indian tribes; requiring that certain peace officers be certified by the commission within a certain period; revising the authority of the director of the state department of agriculture to designate certain department personnel as field agents and expanding their authority to stop vehicles temporarily; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 289.290 is hereby amended to read as follows:

1-2    289.290  1.  A person designated by the director of the state

1-3  department of agriculture as a field agent or an inspector pursuant to

1-4  subsection 2 of NRS 561.225 has the powers of a peace officer to make

1-5  investigations and arrests and to execute warrants of search and seizure,

1-6  and may temporarily stop [the movement of livestock and carcasses for the

1-7  purpose of inspection.] a vehicle in the enforcement of the provisions of

1-8  Titles 49 and 50 of NRS and chapters 581, 582, 583, 586, 587, 588 and

1-9  590 of NRS.

1-10    2.  An inspector of the state board of sheep commissioners and his

1-11  deputies have the powers of a peace officer.

1-12    3.  An officer appointed by the Nevada junior livestock show board

1-13  pursuant to NRS 563.120 has the powers of a peace officer for the

1-14  preservation of order and peace on the grounds and in the buildings and the

1-15  approaches thereto of the livestock shows and exhibitions that the board

1-16  conducts.

1-17    4.  In carrying out the provisions of chapter 565 of NRS, an inspector

1-18  of the state department of agriculture has the powers of a peace officer to

1-19  make investigations and arrests and to execute warrants of search and

2-1  seizure. The provisions of this subsection do not authorize any inspector to

2-2  retire under the public employees’ retirement system before having

2-3  attained the minimum service age of 60 years.

2-4    Sec. 2.  NRS 289.470 is hereby amended to read as follows:

2-5    289.470  “Category II peace officer” means:

2-6    1.  The bailiff of the supreme court;

2-7    2.  The bailiffs of the district courts, justices’ courts and municipal

2-8  courts whose duties require them to carry weapons and make arrests;

2-9    3.  Constables and their deputies whose official duties require them to

2-10  carry weapons and make arrests;

2-11    4.  Inspectors employed by the transportation services authority who

2-12  exercise those powers of enforcement conferred by chapters 706 and 712

2-13  of NRS;

2-14    5.  Parole and probation officers;

2-15    6.  Special investigators who are employed full time by the office of

2-16  any district attorney or the attorney general;

2-17    7.  Investigators of arson for fire departments who are specially

2-18  designated by the appointing authority;

2-19    8.  The assistant and deputies of the state fire marshal;

2-20    9.  The brand inspectors of the state department of agriculture who

2-21  exercise the powers of enforcement conferred by chapter 565 of NRS;

2-22    10.  The field agents and inspectors of the state department of

2-23  agriculture who exercise the powers of enforcement conferred by NRS

2-24  561.225;

2-25    11.  Investigators for the state forester firewarden who are specially

2-26  designated by him and whose primary duties are related to the investigation

2-27  of arson;

2-28    [11.] 12.  School police officers employed by the board of trustees of

2-29  any county school district;

2-30    [12.] 13.  Agents of the state gaming control board who exercise the

2-31  powers of enforcement specified in NRS 289.360, 463.140 or 463.1405,

2-32  except those agents whose duties relate primarily to auditing, accounting,

2-33  the collection of taxes or license fees, or the investigation of applicants for

2-34  licenses;

2-35    [13.] 14.  Investigators and administrators of the division of

2-36  compliance enforcement of the motor vehicles branch of the department of

2-37  motor vehicles and public safety who perform the duties specified in

2-38  subsection 3 of NRS 481.048;

2-39    [14.] 15.  Officers and investigators of the section for the control of

2-40  emissions from vehicles of the motor vehicles branch of the department of

2-41  motor vehicles and public safety who perform the duties specified in

2-42  subsection 3 of NRS 481.0481;

2-43    [15.] 16.  Legislative police officers of the State of Nevada;

2-44    [16.] 17.  The personnel of the capitol police division of the

2-45  department of motor vehicles and public safety appointed pursuant to

2-46  subsection 2 of NRS 331.140;

2-47    [17.] 18.  Parole counselors of the division of child and family services

2-48  of the department of human resources;

3-1    [18.] 19.  Juvenile probation officers and deputy juvenile probation

3-2  officers employed by the various judicial districts in the State of Nevada or

3-3  by a department of family, youth and juvenile services established pursuant

3-4  to NRS 62.1264 whose official duties require them to enforce court orders

3-5  on juvenile offenders and make arrests;

3-6    [19.] 20.  Field investigators of the taxicab authority;

3-7    [20.] 21.  Security officers employed full time by a city or county

3-8  whose official duties require them to carry weapons and make arrests;

3-9    [21.] 22.  The chief of a department of alternative sentencing created

3-10  pursuant to NRS 211A.080 and the assistant alternative sentencing officers

3-11  employed by that department; and

3-12    [22.] 23.  Criminal investigators who are employed by the secretary of

3-13  state.

3-14    Sec. 3.  NRS 289.510 is hereby amended to read as follows:

3-15    289.510  1.  The commission:

3-16    (a) Shall meet at the call of the chairman, who must be elected by a

3-17  majority vote of the members of the commission.

3-18    (b) Shall provide for and encourage the training and education of

3-19  persons whose primary duty is law enforcement to ensure the safety of the

3-20  residents of and visitors to this state.

3-21    (c) Shall adopt regulations establishing minimum standards for the

3-22  certification and decertification, recruitment, selection and training of

3-23  peace officers. The regulations must establish:

3-24      (1) Requirements for basic training for category I, category II and

3-25  category III peace officers and reserve peace officers;

3-26      (2) Standards for programs for the continuing education of peace

3-27  officers, including minimum courses of study and requirements concerning

3-28  attendance;

3-29      (3) Qualifications for instructors of peace officers; and

3-30      (4) Requirements for the certification of a course of training.

3-31    (d) Shall, when necessary, present courses of training and continuing

3-32  education courses for category I, category II and category III peace officers

3-33  and reserve peace officers.

3-34    (e) May make necessary inquiries to determine whether the agencies of

3-35  this state and of the local governments are complying with standards set

3-36  forth in its regulations.

3-37    (f) Shall carry out the duties required of the commission pursuant to

3-38  NRS 432B.610 and 432B.620.

3-39    (g) May perform any other acts that may be necessary and appropriate

3-40  to the functions of the commission as set forth in NRS 289.450 to 289.600,

3-41  inclusive.

3-42    (h) May enter into an interlocal agreement with an Indian tribe to

3-43  provide training to and certification of persons employed as police

3-44  officers by that Indian tribe.

3-45    2.  Regulations adopted by the commission:

3-46    (a) Apply to all agencies of this state and of local governments in this

3-47  state that employ persons as peace officers;

3-48    (b) Must require that all peace officers receive training in the handling

3-49  of cases involving abuse or neglect of children or missing children; and

4-1    (c) May require that training be carried on at institutions which it

4-2  approves in those regulations.

4-3    Sec. 4.  NRS 289.550 is hereby amended to read as follows:

4-4    289.550  1.  [The persons] Except as otherwise provided in

4-5  subsection 2, a person upon whom some or all of the powers of a peace

4-6  officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must

4-7  be certified by the commission [, except

4-8    1.] within 1 year after the date on which the person commences

4-9  employment as a peace officer unless the commission, for good cause

4-10  shown, grants in writing an extension of time, which must not exceed 6

4-11  months, by which the person must become certified. A person who fails

4-12  to become certified within the required time shall not exercise any of the

4-13  powers of a peace officer after the time for becoming certified has

4-14  expired.

4-15    2.  The following persons are not required to be certified by the

4-16  commission:

4-17    (a) The chief parole and probation officer;

4-18    [2.] (b) The director of the department of prisons;

4-19    [3.] (c) The state fire marshal;

4-20    [4.] (d) The director of the department of motor vehicles and public

4-21  safety, the deputy directors of the department, the chiefs of the divisions of

4-22  the department other than the investigation division, and the members of

4-23  the state disaster identification team of the division of emergency

4-24  management of the department;

4-25    [5.] (e) The commissioner of insurance and his chief deputy;

4-26    [6.] (f) Railroad policemen; and

4-27    [7.] (g) California correctional officers.

4-28    Sec. 5.  NRS 561.225 is hereby amended to read as follows:

4-29    561.225  1.  The director shall appoint such technical, clerical and

4-30  operational staff as the execution of his duties and the operation of the

4-31  department may require.

4-32    2.  The director may designate such department personnel as are

4-33  required to be field agents and inspectors in the enforcement of the

4-34  provisions of Titles 49 and 50 of NRS[.] and chapters 581, 582, 583, 586,

4-35  587, 588 and 590 of NRS. The provisions of this subsection do not

4-36  authorize any department personnel so designated by the director to retire

4-37  from the public employees’ retirement system before having attained the

4-38  minimum service retirement age of 60 years.

4-39    Sec. 6.  The amendatory provisions of section 4 of this act do not apply

4-40  until July 1, 2002, to a person who has commenced employment as a peace

4-41  officer before July 1, 2001, and who is required to be certified pursuant to

4-42  NRS 289.550 but has not been certified by July 1, 2001.

4-43    Sec. 7.  This act becomes effective on July 1, 2001.

 

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